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2. Brief facts of the case are that the informant-PW.5 lodged the first information with Lokayukta Police against the accused alleging commission of the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Act. It is stated by the informant that the accused was working as Assistant Director, Women and Child Welfare Department, Haveri. She demanded and accepted the illegal gratification of Rs.1,500/- for showing the official favour, as the application of the informant relating to the tender for supply of food-grains to various Anganawadis in the district was pending in the Department. The tainted money was recovered from the purse of the accused under the trap mahazar and the charge sheet was came to be filed for the above said offences. The accused denied the charges leveled against her for the above said offences and claims to be tried.

9. Perused the materials on record.

10. The point that would arise for consideration of this Court is as under:

"Whether the impugned judgment or conviction and order of sentence order dated 03.02.2011 passed in Spl.(Lok)C.No.3/2004 on the file of the Special Court, Haveri against the appellant, is liable to be set aside?"

11. My answer to the above is in the affirmative for the following:

REASONS

12. It is the specific contention of the prosecution that the accused was working as Assistant Director in the Department of Women and Child Welfare, Haveri, demanded and accepted illegal gratification of Rs.1,500/- for showing the official favour in favour of the informant, as the bill for Rs.6,832/-, for having supplied food-grains to various Anganawadi centers was pending in the Department. She being the public servant, initially demanded Rs.5,000/- on 16.7.2002 but, after bargaining she agreed to receive Rs.3,000/- on 19.7.2002. On 20.7.2002 she again demanded and accepted the illegal gratification of Rs.1,500/- and thereby committed misconduct for the offence punishable under Sections 7, 13(1) (d) read with Sections 13(2) of the Act.

13. To prove this contention, prosecution examined in all 15 witnesses. PW1 to 4 are the formal witnesses and PW5 is the informant. Ex.P1 is the first information lodged by the informant on 20.07.2002 stating regarding the demand for illegal gratification made by the accused to show the official favour. It is stated that the complainant was transporting food grains for various Anganawadi Centers in his Goods Tempo bearing Reg.No.25/5385 and a tender was called by the Department Haveri, to entrust the work of supply of the food grains and the informant was the successful bidder for the year 2002-2003. There were in all 138 Anganawadi Centers to which he was required to supply the food grains. On 29.4.2002, a letter from the office of the accused was sent to the informant asking him to come and meet the CEO of Zilla Panchayat, Haveri. When he went there for collecting the order regarding finalizing the tender, accused demanded Rs.10,000/- and insisted for the same by saying that she has to pay a portion of the amount to her higher officers in Zilla Panchayat. She also stated that she can finalize the tender in favour of another bidder and therefore, the informant promised to come back within a week. As the accused agreed to receive Rs.8,000/-, the informant went to her office and paid Rs.8,000/-. She asked the informant to collect the tender order from the Office of CDPO at Savanuru. But, till 28.5.2002, the said order was not received in the office of Savanuru. In the meantime, since the informant had transported food grains to 138 Anganawadi Centers, he submitted a bill for Rs.6,832/- with CDPO, Savanuru on 10.7.2002. On 15.7.2002 when he again met the CDPO, he informed that his bill was forwarded to District Director and he was called to Haveri. On 16.7.2002 he met the accused and requested for sanctioning of the bill. The accused abused him stating that without paying any amount, his work will not be done. She demanded Rs.5,000/- threatening to return back the file with an endorsement as not approved and to cancel the tender which was finalized in his favour. On 19.7.2002 he again met the accused and when he bargained she agreed to receive Rs.3,000/-. Informant stated that he will come on the next day with Rs.1,500/- and requested to do the official favour. Since, he was not willing to pay the illegal gratification to the accused. He filed first information requesting the ACB Police to register the case and to initiate legal action against the accused.